TOWN OF GUILDERLAND
PLANNING BOARD
Wednesday, January 24, 2007
Minutes of meeting held at the Guilderland Town Hall, Route 20, Guilderland, NY 12084 at 7:30 P.M.
PRESENT: Stephen Feeney, Chairman
Paul Caputo
James Cohen
Lindsay Childs
Michael Cleary
Thomas Robert
Theresa Coburn
ABSENT: Jan Weston, Planning Administrator
Linda Clark, Counsel
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Chairman Feeney called the meeting to order at 7:30 p.m. He noted the exits for the sake of the audience in the event they were needed.
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MATTER OF CAPRON
Chairman Feeney announced that this was a public hearing on the final plat of a three lot subdivision of 51 acres. Zoned R-40. Richard Capron presenting.
Brian Clenahan, Counsel
The case of Richard & Claire Capron will be heard on Wednesday, January 24, 2007, at 7:30 p.m. at the Guilderland Town Hall, Route 20, Guilderland, New York 12084 for the purpose of obtaining final plat approval for an unnamed subdivision.
Such subdivision is proposed as 3 lots cut from 51 acres.
The general location of the site is at 2849 Curry Road
The property is zoned: R-40
Tax Map # 15.00-2-14
Plans are open for inspection, by appointment, at the Planning Department during normal
business hours.
Dated: January 4, 2007, Stephen Feeney, Chairman, Planning Board
Terry Coburn, read the comments of the Planning Department as follows:
This is a final plat presentation to subdivision to subdivide the 50 acre site into three lots. Two lots are being created to encompass the two existing homes, with lot #300 becoming a new building lot being offered for donation or sale to the Pine Bush. I have the following comments:
- A shared access and maintenance agreement for the driveway should be
submitted.
- All existing well septic locations should be shown.
This proposal is creating only one additional building lot. No objection to final approval.
Chairman added for the record: I have comments from the Guilderland Conservation Advisory Council, dated December 4, 2006 and their conclusion read as follows:
GCAC does not envision any major negative environmental impact of this proposed three or four lot subdivision due to the size of the parcel. (On File)
I have a response from the Albany County Planning Board, dated January 24, 2007, and their recommendation read as follows: Modify local approval to include:
1. Review by the Albany County Department of Health for water supply, wastewater discharge and other required permits. (On File)
Richard Capron presenting: Lot #100 has approximately 6 acres that includes a log home. There is a private road that leads to lot #200 and has an existing house on it. The two lots are being created to encompass the two existing homes. Lot #300 will become a new building lot and lot # 400 will be offered for donation or sale to the Pine Bush.
There are two road frontages for the large parcel on Curry Road and they each have a 60 ft. corridor to the back as well as a 70 ft. access to the front. By making this a private road with the three lots, it creates additional access for lot # 200 and lot #100. Each lot is proposed to share the existing driveway.
Chairman asked: Lot #300 would only have access via the 60 ft. strip. Is that correct?
Mr. Capron explained: They do have the 70 ft. piece on this side of Prout Lane as well as the 60 ft. strip.
Chairman asked if this was a private well and septic?
Mr. Capron said yes.
Chairman stated: The location of the septic and well should be shown on the plans.
Chairman asked about lot 400 being sold to the Pine Bush.
Mr. Capron stated: They are very much interested in that lot.
Terry Coburn asked if there were any livestock in the barn.
Mr. Capron said yes. There are a couple of horses there.
Chairman stated: If it is in the County Agricultural District, you will have to have a notification that needs to be on the realty transfer, before it is sold.
Chairman asked for any comments from the audience and there were none.
Chairman entertained a motion to close the hearing and it was seconded by Paul Caputo and carried by a 7-0 vote by the Board.
Chairman made a motion for SEQR as follows:
In Accordance with Section 8-0113, Article 8 of the New York Environmental Conservation Law, this Agency has conducted an initial review to determine whether the following project may have a significant effect on the environment and on the basis of the review hereby finds:
The proposed project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Statement. This determination is based on a careful review by the Planning Board, and by the comments of the Guilderland Conservation Advisory Council, and by the environmental short form which the applicant has filled out.
The motion was seconded by Thomas Robert and carried by a 7-0 vote by the Board.
Chairman made a motion for final approval for a 3 lot subdivision on Curry Road with the following conditions:
· Albany County Health Department approval (with building permit
application)
· $1,500.00 per dwelling unit – park recreation fund (with building permit application)
· Identify existing septic system and well locations on final plat.
· Driveway maintainance agreement should be identified on the plat.
The motion was seconded by Paul Cleary and carried by a 7-0 vote by the Board.
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CASE OF SABLE TERRACE – 3711 Carman Road
The case of Sable Terrace Development will be heard on Wednesday, January 24, 2007, at 7:30 p.m. at the Guilderland Town Hall, Route 20, and Guilderland, New York 12084 for the purpose of final plat approval for an unnamed subdivision.
Such subdivision is proposed as a 6-lot subdivision of 3.6 acres.
The general location of the site is at 3711 Carman Road (former Garden Shop site).
The property is zoned: R-15
Tax Map # 27.15-1-51
Plans are open for inspection, by appointment, at the Planning Department during normal
business hours.
Dated: January 4, 2007
Stephen Feeney, Chairman, Planning Board
Terry Coburn read the comments of the Planning Department as follows:
Sable Terrace – Carman Road
This is a final plat application for a proposal that would demolish the former Garden Center and construct three duplex units along Carman Road and two single-family homes
Accessing Rainbow Drive. The lots all meet the zoning requirements including the additional size for duplexes and the keyhole lot. The applicant will also construct a sidewalk along the Carman Road frontage. I have the following comments:
- There is a large border of trees that run around the northern and eastern perimeter of the site. These should be left outside the limits of clearing as much as possible.
- The propose sidewalk will be constructed on private property which will require a maintenance easement to the Town.
- There have historically been some ground water and drainage problems in this area. A retention area will be constructed and dedicated to the Town to handle drainage issues.
- The TDE has reviewed the plans and reports and found them to be in compliance with all Town standards.
No objection to final approval.
Chairman stated for the record: I have comments from the Guilderland Advisory Council Board, dated May 2, 2005, and their conclusion read as follows: GCAC has no objection to the proposed subdivision since the planned concept appears to be in conformity with the residential characteristics of the neighborhood and the development should have minimal, if any, adverse environmental impacts on the community. (On File)
We have a response from Albany County Planning Board, dated January 24, 2007. and read as follows: Modify local approval to include:
1. Review by the New York State Department of Transportation for design of highway access and assessment of road capacity, and;
2. Review by the Albany County Department of Health for water supply, waste water discharge and other required permits. (On File)
A letter from Town Designated Engineer, Barton & Loguidice, P.C., dated December 12. 2006, and read as follows: Regards to Stormwater Pollution Prevention Plan, dated December 2006.
Base upon our review, the above referenced document has adequately addressed all outstanding comments. Additionally, the Sable Terrace Subdivision plans and report have satisfied all prior comments per our past reviews and we recommend the project for approval by the Planning Board. (On File)
One letter from Anthony & Joyce Gregory, in regards to the proposed subdivision and their concerns about drainage. (On File)
Lynn Sipperly presenting: The concept approval was granted in April of 2005, and we have been trying to find alternate ways to handle the stormwater drainage on the site. The stormwater drainage plan now includes a detention area and a recharge basin on the site that will retain the water that is developed on the site. In regards to generating additional stormwater, we are on a balance. All the stormwater will be maintained on the site and we are designing a detention basin for a 100-year storm plan.
They are proposing three duplexes: two facing Carman Road and one facing on Rainbow Drive. The two units have a one common shared driveway on Carman Road and one shared common driveway on Rainbow Drive. We have a lot that fronts on Rainbow Drive and the next lot has a keyhole lot. The keyhole lot is in conformance with the town requirements.
There is water and sewer and we are also constructing a driveway access for maintenance purposes.
Chairman asked if the stormwater detention basin will be fenced.
Mr. Sipperly said that there would be a fence around the detention basin.
Mr. Sipperly explained the works and designs of the detention basin.
Chairman stated: You do have a design that meets the new EPA Phase 11, stormwater management requirements and you are installing a drainage line off Rainbow Drive for the overflow. Is that correct?
Mr.Sipperly said yes.
Chairman asked about the limits of clearing and how much vegetation will be left behind.
Mr. Sipperly explained: There will be some room to allow some vegetation on the northern end particularly when you get to the northern keyhole lot than the eastern end, you will have a much better chance to retaining some.
Chairman asked about the sidewalk along the north end.
Mr. Sipperly explained: In regards to the two lot subdivision to the north of us, the property line goes down to this location. We did a lot line adjustment, two years ago, to put that as part of the property. The sidewalk was constructed to that point and will continue it.
Thomas Robert asked if they could extend the sidewalk along a part of Rainbow Drive.
Mr. Sipperly said that there is no sidewalk on Rainbow Drive now. It would be reasonable to ask for a sidewalk to continue to the driveway to the duplexes. This will not be a problem.
Chairman added: The sidewalk that will be constructed along Carman Road will need
a maintenance easement. The town will be responsible for maintaining that. That will need to be shown on the map.
Chairman asked for any questions from the audience. and there were none.
Chairman entertained a motion to close the hearing. The motion was seconded by Paul Caputo and carried by a 7-0 vote by the Board.
Chairman stated: You will need to address the grading plan and identify the tree lines
James Cohen wanted to know the size of the detention area.
Chairman made a SEQR Determination in the matter of a five lot residential subdivision, Sable Terrace as follows:
Chairman made a motion for SEQR as follows:
In Accordance with Section 8-0113, Article 8 of the New York Environmental Conservation Law, this Agency has conducted an initial review to determine whether the following project may have a significant effect on the environment and on the basis of the review hereby finds:
The proposed project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Statement. This determination is based on a careful review by the Planning Board, and by the comments of the Guilderland Conservation Advisory Council, and by the environmental short form, which the applicant has filled out, and the provision of a full stormwater pollution plan in compliance with EPA Phase II requirements.
The motion was seconded by Thomas Robert and carried by a 7-0 vote by the Board.
Chairman made a motion for final approval for Sable Terrace Development with the following conditions:
· Town Highway Superintendent approval (any new curb cut)
· Town Designated Engineer approval
· Town Water & Wastewater Superintendent approval
· Albany County Health Department approval (with building permit application)
· NYS Department of Transportation approval (or any new curb cut)
· $1,500 per dwelling unit – park & recreation fund ((with building permit application)
· $2,085.00 per dwelling unit – sewer mitigation fee (with sewer hook-up application)
· Extend sidewalk along Rainbow Drive to driveway for first duplex.
· Note on the plat a sidewalk maintenance agreement
The motion was seconded by Thomas Robert and carried by a 7-0 vote by the Board
MATTER OF RYER –1775 Western Avenue
Chairman Feeney announced that this was a site plan review to allow a computer repair and consulting business to use the premises. Zoned Local Business. James Rye presenting.
Terry Coburn read the Planning Department comments as follows:
Rye – 1775 Western Avenue
The applicant is requesting a special use permit to use the first floor of the existing building for a computer service business. The site provides 19 parking spaces, which are laid out slightly different than what is shown on the site plan. This property has been reviewed many times for different office type uses and all site conditions are pre-existing and will remain at is. No planning objection.
James Rye presenting: The present location was at Cosmos Plaza and was originally designed for a retail establishment. As our business needs changed, we are looking to transfer our business to an office location. Our business will no longer carry a sufficient amount of inventory to be considered a retail establishment. Now we are looking to consolidate our operations to an office environment.
The relocation is favorable, as it will enable us to cut costs and want our business to grow as a professional services company and the parking will be more than sufficient. No changes in construction of the existing location will be made. It will remain as it is presently is designed.
Chairman had no issues with the site review at all.
Lindsay Childs asked about the parking spaces.
Chairman asked for any comments from the audience and there were none.
Chairman made a motion to recommend approval for site plan, in the matter of Ryer, 1775 Western Avenue.
The motion was seconded by Michael Cleary and carried by a 7-0 vote by the Board.
MATTER OF CLARK – 2093 Western Avenue
Chairman Feeney announced that this was a site plan review to allow a martial arts nstruction to occupy a portion of the building. Zoned BNRP. Brian Clark presenting.
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Terry Coburn read the comments of the Planning Department as follows:
Clark - 2093 Western Avenue
The applicant has requested a special use permit to use a portion of the existing building for a martial arts school. The site is 3.8 acres, opposite the Twenty Mall. No site plan changes are requested.
This site recently received approval for a portion of the building to be used as a day spa. Former uses were medical in nature. 42 parking spaces are available on the site and because of topographic limitations, it would be difficult to construct any additional spaces. I have no objection to this use as long as it is determined that the parking will be adequate.
Brian Clark presenting: The building is located at 2093 Western Avenue and is a contemporary two story building. The upstairs will be used as a Day Spa and will rent the downstairs. We would like to start a Guilderland Martial Arts. The center will promote a physical fitness and character development through the instruction of the Korean martial art Taekwondo. Parking will not be a problem and most of the programs will operate only part-time and the class size would be around 10 to 12 .
Michael Cleary asked about the summer camp.
Chairman asked for any comments from the audience and there were none.
Chairman made a motion to recommend approval for this site plan review to allow a martial arts studio, at 20932 Western Aveune.
The motion was seconded by Thomas Robert and carried by 7-0 vote by the Board.
MATTER OF ALUND – 2339 Western Avenue
Chairman Feeney announced that this was a site plan review to allow the existing building to be used as a lawn and garden store. Zoned Local Business.
Timothy Alund presenting.
Terry Coburn read the Planning Department comments as follows:
Alund - 2339 Western Avenue
The applicant has requested a special use permit to convert the former K & K Gunnite pool store into a lawn and garden equipment shop. The proposal will substantially improve both the exterior and interior of the building and pave a parking area where there is now only dirt and gravel. The existing curbcut will remain and the proposal meets the parking requirements. I have the following comments:
- I am not sure why the gravel area to the west of the building is remaining. It would be preferable to convert this into additional green area. Also, landscaping in the green areas and around the building should be shown.
- The Guilderland Hamlet Plan calls for a consolidation of the parcels to the east of this site to share a common access. Should that ever be accomplished it would be preferable for this site to also tie in. There is nothing on this site plan that would prevent that in the future.
- A sidewalk would be required but would not make sense at this time. The applicant may be required to place money in escrow for the construction at a later time.
No objection to site plan approval.
Tim Alund presenting: We presently have a store located in the Town of Schaghticoke. We are very much interested in opening another location at 2339 Western Avenue, the former K & K Gunnite Pool building. The building appearance would be greatly improve from its present condition. I would like to make it a farmer’s feed and tractor supply store and also an animal feed dealer for domestic animals.
Chairman asked about the dirt and gravel area. Would that be storage for anything?
Mr. Alund explained: That will no longer be a gravel area. It will be landscaped and will plant grass wherever needed.
Chairman stated: You will need to show a landscaping plan.
I did look at this site and the access is somewhat of a concern to me especially when the whole area at some point in time will be developed. Our thought is to have one consolidated access point. The landowner who owns the property to the immediate east, indicated that there was an agreement for an easement. I don’t know if that easement was ever filed. The property you are about to purchase would have the right to access that right-of-way.
We would be closing the curbcut that you have now and you will come in on the main driveway.
Mr. Alund stated: We do have a meeting scheduled to speak with the owner about the driveway.
There was further discussion about the driveway.
Chairman asked about the drainage.
Chairman made a motion to recommend the site plan review for 2339 Western Avenue, Tim Alund, with the following conditions:
· Provision of a landscaping plan & drainage plan
· Consider moving access to adjoining 60’ right-of-way and closing existing access to Rt. 20.
· NYS DOT review and approval for any work on the highway right-of-way
The motion was seconded by Michael Cleary and carried by a 7-0 vote by the Board.
MEETING ADJOURNED: 8:55 P.M.
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TOWN OF GUILDERLAND
PLANNING BOARD
January 24, 2007
CASE OF CAPRON – Curry Road
CASE OF SABLE TERRACE – 3711 Carman Road
MATTER OF RYER – 1775 Western Avenue
MATTER OF CLARK – 2093 Western Avenue
MATTER OF ALUND – 2339 Western Avenue
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